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Following up on this
question which came up a while back on the list, thought this would be of
interest.
Steve Colwell Legacy (530)
621-3408 Placerville, CA
Q & A:
Question of the
Week
Question for
EAA Aviation Information Services:
The question in e-HOT LINE, Vol. 3, No. 5,
states: The OpLims will contain the following or a similarly worded
statement: During the flight-testing phase, no person may be carried in this
aircraft during flight unless that person is essential to the purpose of the
flight.
Okay, that's the letter of the law. Now please outline what
could be considered essential to the flight. I recently flew with a
builder/pilot who has about five hours on his airplane. He has an electrical
problem which only occurs in flight, and it could affect operational safety of
the aircraft. I rode along to monitor instruments and take notes should the
problem occur. It did, and my readings and notes helped us solve the problem. We
considered it necessary to have someone along to monitor the instrumentation so
the pilot/builder could focus on flying the airplane during the incident. Were
we legal? If not, what is legal?
Answer:
If a pilot
feels it necessary to have another individual in the aircraft on a flight during
the phase-one flight test period, this must be approved by the area FAA office,
and such approval must be shown in the aircraft's operating limitations. In
other words, this is not something that can be decided "on the spot" before a
flight, but must be approved in advance by the FAA.
If there is a
situation where the builder or flight-test pilot has a specific need for
additional crew in the aircraft during the fight test period, FAA Advisory
Circular AC 20-27E, Certification and Operation of Amateur-Built Aircraft,
offers the following advice:
“If an additional crew member is required
for a particular test function, that requirement should be specified in the
application program letter for the airworthiness certificate and listed in the
operating limitations by the FAA.”
The FAA will review each application
on a case-by-case basis, and may allow additional crew if they feel there is
sufficient justification.
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